Advance unedited version CCPR/C/133/D/2458/2014
observes that the Board could not accept the author’s statements on his asylum motives and
the costs of his departure from Afghanistan, and considered them as fabricated and escalating.
The Board also considered that the letters of recommendation and identification documents
produced by the author appeared fraudulent, and that the author’s overall credibility has been
impacted by his statement that, in connection with his previous application for asylum in
Norway in 2003, he was paid to obtain asylum for another person, and by the inconsistent
statements to the Norwegian authorities. The Committee also notes that the author failed to
provide to the Board a convincing statement that would substantiate the fact that he had
converted to Christianity. In light of the above, the Committee considers that the author’s
claims of a violation of his right to a fair trial in the context of article 13, and of discrimination,
including as an asylum seeker, under article 26 of the Covenant and under article 2, read in
conjunction with article 14 of the Covenant, are insufficiently substantiated for the purposes
of admissibility and declares this part of the communication inadmissible under article 2 of
the Optional Protocol. Recalling the Committee’s jurisprudence 35, the Committee considers
the author’s claims under article 14 of the Covenant to be inadmissible ratione materiae,
pursuant to article 3 of the Optional Protocol.
8.6
The Committee further notes the State party’s objection to admissibility of the
author’s claim under articles 6 and 7 of the Covenant as manifestly ill-founded. In that regard,
the Committee notes the author’s argument that the existence of substantial grounds to
believe that he would face a risk of treatment contrary to articles 6 and 7 of the Covenant, if
removed to Afghanistan, has not been properly assessed, since he can be perceived as
Christian due to a suspected distribution of Bibles. The Committee also notes that the author
was removed to Afghanistan in February 2017 and that he subsequently fled to Turkey. In
addition, the Committee notes the State party’s argument that the existence of a real and
personal risk of irreparable harm for the author, if removed to his country of origin, has been
properly assessed against the different sources of information, including the witness
statements. The Committee observes that the State party’s authorities considered the author’s
reasons to flee Afghanistan and the related asylum motives as not substantiated, taking into
account the inconsistency and lack of credibility, given that the letters of recommendation by
the Australian military forces were considered as fraudulent and the CTU, as an alleged
employer, could not confirm that the author served for them as translator in Afghanistan. The
Board found that it could not consider the author’s statement of being persecuted prior to his
departure from Afghanistan a fact because the author’s statement on his conflicts prior to his
departure from Afghanistan were non-credible and fabricated (paras. 4.5 and 4.10) and that
the author has also failed to establish that he risks circumstances contrary to article 6 or 7 of
the Covenant as a consequence of his alleged conversion to Christianity, if returned to
Afghanistan (para. 4.11). The Committee further observes the State party’s objection that the
author did not present any new information in his request for re-opening of the asylum
procedure, nor on his potentially adverse treatment following his return to Afghanistan on 28
February 2017.
8.7
While recalling its jurisprudence that certain kinds of abuse by private individuals
may be of such scope and intensity as to amount to persecution if the authorities are not able
or willing to offer protection (against the author’s declaration as mortard in Afghanistan in
the present case),36 the Committee considers that the author has not convincingly explained
the reasons, except his disagreement with the factual conclusions of the State party,37 why he
fears that his forcible return to Afghanistan would result in a risk of treatment contrary to
articles 6 and 7 of the Covenant. Accordingly, the Committee considers this part of the
communication inadmissible due to a lack of sufficient substantiation, pursuant to article 2
of the Optional Protocol.
8.8
As regards indirect claims of a risk of violation of article 18, if removed to
Afghanistan, the Committee notes the State party’s argument that the author’s conversion to
Christianity has not been genuine, that his sur place motive for asylum has not been arbitrarily
assessed, and that the authorities considered that the author had not been a person of profile
35
36
37
Fn. 30.
See e.g. I.K. v. Denmark, para. 9.7; and Omo-Amenaghawon v. Denmark
(CCPR/C/114/D/2288/2013), para. 7.5.
See P.T. v. Denmark (CCPR/C/113/D/2272/2013), para. 7.4.
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